John McKell

Accredited Specialist Property Law & Tax Law
Special Counsel
Phone: +61 3 8600 6024
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John has more than 30 years experience in commercial and property law. He has been a Special Counsel with Aitken Partners since 2005 and is presently a key member of our general commercial and property teams where his knowledge of taxation laws is of critical importance to our clients.

He is an Accredited Specialist in Property Law and also an Accredited Specialist in Tax and holds a Master of Taxation in addition to his legal qualifications. He is a Fellow of the Taxation Institute of Australia and a Chartered Tax Advisor.

His commercial expertise – particularly in trusts, tax and property – led to his being consulted by the Department of Premier in Cabinet in relation to trusts, the Department of Human Services and the Office of Housing in relation to the Affordable Housing Sector and Australia Post in relation to property matters.

Key Experience

  • Advising the Department of Premier and Cabinet in the establishment of various different Charitable Trusts, namely the Bushfire Relief Trust, the Fountains Trust, the Balibo House Trust and the Music Hall Trust
  • Advising Australia Post in relation to numerous property acquisitions, consolidations, disposals, leases and building construction issues.
  • Advising and preparing documents for the establishment and variation of trusts including:
    • charitable trusts and obtaining DGR such as The Family Violence Foundation of Australia and The Peter Thompson Children’s Foundation
    • discretionary trusts (including partnership of trusts)
    • unit trusts
    • hybrid trusts
    • testamentary trusts
    • child maintenance trusts
    • stamp duty and CGT effects of resettlements.

John has acted and negotiated for many large, institutional clients, providing detailed real property and leasing advice and has acted in large complex property transactions, including:

  • the sale of Melbourne Central, with a value of more than $400m
  • the purchase of 90 Collins Street, with a value more than $30m
  • the purchase and sale of 200 Queen Street, with a value of more than $70m
  • the construction and leasing of multi storey car parking facilities on crown land for the Alfred Hospital Group
  • advising clients in the acquisition, development, financing and selling of retirement village projects.